&DVH FY 5-/ 'RFXPHQW )LOHG 3DJH RI IN THE UNITED STATES ...

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

RUSORO MINING LIMITED,

1500-1055 West Georgia Street,

Vancouver, British Columbia V6E 4N7

Canada,

Petitioner,

Civil Action No. 16-cv-2020

V.

BOLlY ARlAN REPUBLIC OF

VENEZUELA,

Ministerio del Poder Popular para Relaciones

Exteriores

Oficina de Relaciones Consulares

Avenida Urdaneta

Esquina de "Carmelitas" a "Puente Llaguno"

Edificio anexo a Ia Torre "MRE"

Caracas, 1010

Republica Bolivariana de Venezuela,

Respondent.

PETITION TO CONFIRM ARBITRAL A WARD

Petitioner Rusoro Mining Limited ("Petitioner" or "Rusoro"), by and through the

undersigned counsel, hereby petitions this Court for an Order: (i) confirming, recognizing, and

enforcing the final award (the "Award") 1 rendered by an arbitral tribunal (the "Tribunal") on

August 22, 2016 in an arbitration (the "Arbitration'') between Petitioner and Respondent the

Bolivarian Republic of Venezuela ("Respondent" or "Venezuela"), pursuant to the Arbitration

(Additional Facility) Rules of the International Centre for Settlement of Investment Disputes (the

"ICSID Additional Facility Arbitration Rules"), and the July 1, 1996 Agreement between the

1

A duly-certified copy of the Award is attached as Exhibit 1 to the Declaration of Elliot Friedman ("Friedman

Decl.") filed concurrently with and in support of this Petition.

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Government of Canada and the Government of the Republic of Venezuela for the Promotion and

Protection of Investments; (ii) entering judgment in Petitioner's favor against Respondent in the

amount of the Award plus interest and costs awarded therein, post-judgment interest pursuant to

28 U.S.C. ¡ì 1961, and the costs of this proceeding; and (iii) awarding Petitioner such other and

further relief as this Court may find just and proper.

Parties, Jurisdiction, and Venue

1.

The Arbitration was seated, and the Award was rendered, in Paris, France. Petitioner

brings this summary proceeding under Chapter 2 of the Federal Arbitration Act, 9 U.S.C. ¡ì¡ì 201

et seq. (the "FAA") and the United Nations Convention for the Recognition and Enforcement of

Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38 (the "New York

Convention") to confirm a final arbitration award issued in its favor and against Respondent in

its entirety.

2.

Petitioner Rusoro is a gold mining company incorporated in Canada, with its head office

in Vancouver, British Columbia. Petitioner's registered address is 1500-1055 West Georgia

Street, Vancouver, British Columbia V6E 4N7, Canada.

3.

Respondent the Bolivarian Republic of Venezuela is a foreign state within the meaning of

the Foreign Sovereign Immunities Act, 28 U.S.C. ¡ì¡ì 1330, 1332, 1391(f), 1441(d), and 1602-11.

4.

This Court has subject matter jurisdiction over this proceeding pursuant to 28 U.S.C.

¡ì 1330(a), because a foreign state does not enjoy sovereign immunity from a proceeding brought

to confirm an arbitral award that "is or may be governed by a treaty or other international

agreement in force for the United States calling for the recognition and enforcement of arbitral

awards." 28 U.S.C. ¡ì 1605(a)(6)(B). Because the arbitration concerned propetty expropriated in

2

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Venezuela and an international treaty (inter alia), the Award is subject to the New York

Convention, which is in force in the United States. See 9 U.S.C. ¡ì 201.

5.

This Court also has subject matter jurisdiction over this proceeding pursuant to 9 U.S .C.

¡ì 203, which provides that any " proceeding falling under the [New York] Convention shall be

deemed to arise under the laws and treaties of the United States," and, consequently, under 28

U.S.C. ¡ì 1331.

6.

This Court may exercise personal jurisdiction over the Respondent pursuant to 28 U.S.C.

¡ì 1330(b).

7.

Venue is proper m this district pursuant to 9 U.S .C. ¡ì 204 and 28 U.S.C.

¡ì 1391(¡À)(4).

The Arbitration Agreement

A.

Respondent's Consent to Arbitration

8.

Respondent consented to arbitrate its disputes with Canadian investors such as Petitioner

through a bilateral investment treaty, the July 1, 1996 Agreement between the Government of

Canada and the Government of the Republic of Venezuela for the Promotion and Protection of

Investments (the "Treaty"), which entered into force on January 28, 1998.2

9.

Respondent' s consent is found at Article XII of the Treaty. Specifically, Article Xll(5)

provides:

Each Contracting Party hereby gives its unconditional consent to the submission

of a dispute to international arbitration in accordance with the provisions of this

Article.

10.

Respondent is defined in the Treaty as a " Contracting Party." See Treaty at 1 (referring

to " [t]he Government of Canada and the Government of the Republic of Venezuela, hereinafter

2

Friedman Decl., Ex. 2.

3

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referred to as the ' Contracting Parties'"). As is further set out below and in the Award at

paragraphs 188 through 344, Petitioner submitted its claim to arbitration in accordance with the

provisions of Article xn of the Treaty and the Tribunal had jurisdiction over the dispute. Article

XII(5) therefore represents Respondent's written consent to arbitration.

B.

Petitioner's Consent to Arbitration

11.

As the Award establishes, Petitioner is a protected investor under the Treaty with the

1ight to commence arbitration against Respondent. See A ward ................
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